INJUNCTION GRANTED.

New Zealand Herald, Volume LIX, Issue 18016, 15 February 1922, Page 9

INJUNCTION GRANTED.

FACTORY CAUSES NUISANCE.

ACTION FROM TE PUKE.

An action in which Paul Chamberlain, engineer, Te Puke (Mr. Bagnall), sought an injunction against George Norman Howard and Albert Tikitu White, cabinetmakers, Te Puke (Mr. Cahill), was concluded in the Supreme Court yesterday, before Mr. Justice Hordman.

It was alleged by the plaintiff that a gas engine and machinery in a factory erected by the defendants on a section adjoining his house caused considerable noise and great vibration, and that offensive smoke issued from the factory, rendering the house unfit for occupation. He asked for an injunction restraining the defendants from continuing the use of the gas engine and machinery in such manner as to cause noise or vibration to the fcouse, and the issue of offensive smoke. Damages amounting to £168 were claimed.

His Honor, in giving his judgment, referred to the evidence of Mr. F. E. Powell, consulting engineer, who had been appointed to make an inspection, and stated that in his opinion there was not sufficient evidence of any sensible discomfort by vibration or smoke, but it seemed quite clear a nuisance had been established by reason of the fact that the noise sensibly interfered with the comfort of the Chamberlain household. He accordingly granted an injunction restraining the defendants from continuing the use of the gas engine and machinery in such a manner as to cause the noiee, and awarded the plaintiff £50 damages.